State Codes and Statutes

Statutes > New-york > Eln > Article-15 > 15-120

§ 15-120. Absentee voting at village elections. 1. A qualified elector  of  a village may vote as an absentee voter under this section if during  all the hours of voting on the day  of  a  general  or  special  village  election he will be:    (a)  Unavoidably  absent  from  the  county  in which his residence is  located because:    i. he is a member of the armed forces of the United States of America;  or    ii. he is a student matriculated at an institution of learning located  outside such county; or    iii. he is a patient at a veterans administration hospital; or    iv. his duties, occupation or business require him to  be  so  absent,  provided,  however,  such  absence  is  not  caused by the fact that his  regular and daily place of business is located outside of said county.    (b) Absent from the county in which his residence is  located  because  he is on vacation outside said county.    (c)  He  is  the  spouse,  parent or child of, and resides in the same  household with, a person qualified under any of the foregoing paragraphs  of this subdivision and will also be absent from said county  by  reason  of accompanying the person so qualified.    2.  Each person entitled to vote as an absentee voter pursuant to this  section and desirous of obtaining an absentee ballot shall make  written  application  therefor  to  the  village clerk. Application forms for use  pursuant to this section shall be in a  form  prescribed  by  the  state  board  of  elections.  The  use  of  any  application which is on a form  prescribed by the state board of elections shall be acceptable.    3. An application for  an  absentee  ballot  must  be  signed  by  the  applicant.    Such  application  may require that the applicant submit a  certificate in  lieu  of  any  affidavit  which  shall  state  that  the  information contained in the application is true. Such certificate shall  be accepted for all purposes as the equivalent of an affidavit and shall  have  the  following  language  printed  in  bold  face  type  above the  signature line:          "I UNDERSTAND THAT THIS CERTIFICATE WILL BE ACCEPTED FOR          ALL PURPOSES AS THE EQUIVALENT OF AN AFFIDAVIT  AND,  IF          IT CONTAINS A MATERIAL FALSE STATEMENT, SHALL SUBJECT ME          TO THE SAME PENALTIES AS IF I HAD BEEN DULY SWORN."    4.  An  application  must  be received by the village clerk no earlier  than four months before the election for which  an  absentee  ballot  is  sought.  If the application requests that the absentee ballot be mailed,  such application must be received not later than seven days  before  the  election.  If the applicant or his agent delivers the application to the  village clerk in person, such application must  be  received  not  later  than  the  day before the election. The village clerk shall examine each  application and shall determine from the information  contained  therein  whether  the  applicant  is  qualified  under this section to receive an  absentee ballot. The clerk in making such decision shall  not  determine  whether  the  applicant is a qualified elector, said determination being  reserved to the inspectors of election as  is  hereinafter  provided  in  subdivision eight of this section.    5. No later than six days before the election for which an application  has  been  received  and  for which the village clerk has determined the  applicant to be qualified to vote by absentee ballot the  village  clerk  shall  mail,  by  regular  mail,  an  absentee  ballot to each qualified  applicant who has applied before such day and  who  has  requested  that  such  absentee  ballot  be mailed to him at the address set forth in his  application. If the applicant or his agent delivers the  application  to  the  village  clerk  in  person after the seventh day before the villageelection and not later than the day before  the  election,  the  village  clerk shall forthwith deliver such absentee ballots for those applicants  whom  he  determines  are  qualified  to  make  such applications and to  receive  such  ballots  to  such  applicants  or the agents named in the  applications when such  applicants  or  agents  appear  in  the  village  clerk's office.    6.  The  absentee ballot shall be caused to be prepared and printed by  the village clerk as provided  by  law  for  paper  ballots  or  machine  ballots,  whichever  are  to  be  used  in said election and appropriate  modifications for the purposes of this section. He shall also  cause  to  be prepared and printed return envelopes addressed to him, conforming so  far  as  may  be  practicable  to the provisions of this chapter stating  thereon that in order for the ballot contained therein to be counted  it  must  be  received  by the village clerk not later than the close of the  polls on election day. On the reverse side of each return envelope there  shall be written instructions for the  voter  to  insert  at  designated  places his signature, his name printed, his residence address within the  village  and  his  village  election  district if there be more than one  district within the village.    7. The method of marking, preparing and mailing such ballot for voting  shall conform, wherever practicable, to the methods  used  for  absentee  ballots  for a general election, except that the envelope in which it is  contained shall be returned to the village clerk.  On  the  day  of  the  election,  the  village clerk shall deliver all such ballots, which have  been returned to him, in the sealed envelopes to the board of inspectors  of election of the proper election district.   No such ballot  shall  be  deemed  to  have been voted unless or until it shall have been delivered  to the board of inspectors of election of the election district in which  the elector casting the ballot resides and shall have been deposited  by  the  chairman  of  such  board  in  the  box provided for receiving such  ballot.    8. When such ballots  shall  have  been  delivered  to  the  board  of  inspectors  of  election  of the proper election district and shall have  been duly determined by such board to  have  been  lawfully  cast  by  a  qualified  elector  of  such district, the chairman of such board shall,  after the close of the polls, open the envelopes containing such ballots  and, without unfolding such ballots or permitting the face thereof to be  exposed to the view of anyone, shall deposit each such ballot in  a  box  specifically  furnished  for  such  purpose by the village clerk. If the  board of inspectors shall determine that any such ballot has  been  cast  by  an  elector  who would not be qualified under the provisions of this  section, then such ballot shall not be counted.    9. After all the ballots shall have been deposited, the box  shall  be  opened  and  such  ballots canvassed in the same manner as other ballots  cast at such election and shall be counted and included in the total  of  all ballots cast at such election.

State Codes and Statutes

Statutes > New-york > Eln > Article-15 > 15-120

§ 15-120. Absentee voting at village elections. 1. A qualified elector  of  a village may vote as an absentee voter under this section if during  all the hours of voting on the day  of  a  general  or  special  village  election he will be:    (a)  Unavoidably  absent  from  the  county  in which his residence is  located because:    i. he is a member of the armed forces of the United States of America;  or    ii. he is a student matriculated at an institution of learning located  outside such county; or    iii. he is a patient at a veterans administration hospital; or    iv. his duties, occupation or business require him to  be  so  absent,  provided,  however,  such  absence  is  not  caused by the fact that his  regular and daily place of business is located outside of said county.    (b) Absent from the county in which his residence is  located  because  he is on vacation outside said county.    (c)  He  is  the  spouse,  parent or child of, and resides in the same  household with, a person qualified under any of the foregoing paragraphs  of this subdivision and will also be absent from said county  by  reason  of accompanying the person so qualified.    2.  Each person entitled to vote as an absentee voter pursuant to this  section and desirous of obtaining an absentee ballot shall make  written  application  therefor  to  the  village clerk. Application forms for use  pursuant to this section shall be in a  form  prescribed  by  the  state  board  of  elections.  The  use  of  any  application which is on a form  prescribed by the state board of elections shall be acceptable.    3. An application for  an  absentee  ballot  must  be  signed  by  the  applicant.    Such  application  may require that the applicant submit a  certificate in  lieu  of  any  affidavit  which  shall  state  that  the  information contained in the application is true. Such certificate shall  be accepted for all purposes as the equivalent of an affidavit and shall  have  the  following  language  printed  in  bold  face  type  above the  signature line:          "I UNDERSTAND THAT THIS CERTIFICATE WILL BE ACCEPTED FOR          ALL PURPOSES AS THE EQUIVALENT OF AN AFFIDAVIT  AND,  IF          IT CONTAINS A MATERIAL FALSE STATEMENT, SHALL SUBJECT ME          TO THE SAME PENALTIES AS IF I HAD BEEN DULY SWORN."    4.  An  application  must  be received by the village clerk no earlier  than four months before the election for which  an  absentee  ballot  is  sought.  If the application requests that the absentee ballot be mailed,  such application must be received not later than seven days  before  the  election.  If the applicant or his agent delivers the application to the  village clerk in person, such application must  be  received  not  later  than  the  day before the election. The village clerk shall examine each  application and shall determine from the information  contained  therein  whether  the  applicant  is  qualified  under this section to receive an  absentee ballot. The clerk in making such decision shall  not  determine  whether  the  applicant is a qualified elector, said determination being  reserved to the inspectors of election as  is  hereinafter  provided  in  subdivision eight of this section.    5. No later than six days before the election for which an application  has  been  received  and  for which the village clerk has determined the  applicant to be qualified to vote by absentee ballot the  village  clerk  shall  mail,  by  regular  mail,  an  absentee  ballot to each qualified  applicant who has applied before such day and  who  has  requested  that  such  absentee  ballot  be mailed to him at the address set forth in his  application. If the applicant or his agent delivers the  application  to  the  village  clerk  in  person after the seventh day before the villageelection and not later than the day before  the  election,  the  village  clerk shall forthwith deliver such absentee ballots for those applicants  whom  he  determines  are  qualified  to  make  such applications and to  receive  such  ballots  to  such  applicants  or the agents named in the  applications when such  applicants  or  agents  appear  in  the  village  clerk's office.    6.  The  absentee ballot shall be caused to be prepared and printed by  the village clerk as provided  by  law  for  paper  ballots  or  machine  ballots,  whichever  are  to  be  used  in said election and appropriate  modifications for the purposes of this section. He shall also  cause  to  be prepared and printed return envelopes addressed to him, conforming so  far  as  may  be  practicable  to the provisions of this chapter stating  thereon that in order for the ballot contained therein to be counted  it  must  be  received  by the village clerk not later than the close of the  polls on election day. On the reverse side of each return envelope there  shall be written instructions for the  voter  to  insert  at  designated  places his signature, his name printed, his residence address within the  village  and  his  village  election  district if there be more than one  district within the village.    7. The method of marking, preparing and mailing such ballot for voting  shall conform, wherever practicable, to the methods  used  for  absentee  ballots  for a general election, except that the envelope in which it is  contained shall be returned to the village clerk.  On  the  day  of  the  election,  the  village clerk shall deliver all such ballots, which have  been returned to him, in the sealed envelopes to the board of inspectors  of election of the proper election district.   No such ballot  shall  be  deemed  to  have been voted unless or until it shall have been delivered  to the board of inspectors of election of the election district in which  the elector casting the ballot resides and shall have been deposited  by  the  chairman  of  such  board  in  the  box provided for receiving such  ballot.    8. When such ballots  shall  have  been  delivered  to  the  board  of  inspectors  of  election  of the proper election district and shall have  been duly determined by such board to  have  been  lawfully  cast  by  a  qualified  elector  of  such district, the chairman of such board shall,  after the close of the polls, open the envelopes containing such ballots  and, without unfolding such ballots or permitting the face thereof to be  exposed to the view of anyone, shall deposit each such ballot in  a  box  specifically  furnished  for  such  purpose by the village clerk. If the  board of inspectors shall determine that any such ballot has  been  cast  by  an  elector  who would not be qualified under the provisions of this  section, then such ballot shall not be counted.    9. After all the ballots shall have been deposited, the box  shall  be  opened  and  such  ballots canvassed in the same manner as other ballots  cast at such election and shall be counted and included in the total  of  all ballots cast at such election.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Eln > Article-15 > 15-120

§ 15-120. Absentee voting at village elections. 1. A qualified elector  of  a village may vote as an absentee voter under this section if during  all the hours of voting on the day  of  a  general  or  special  village  election he will be:    (a)  Unavoidably  absent  from  the  county  in which his residence is  located because:    i. he is a member of the armed forces of the United States of America;  or    ii. he is a student matriculated at an institution of learning located  outside such county; or    iii. he is a patient at a veterans administration hospital; or    iv. his duties, occupation or business require him to  be  so  absent,  provided,  however,  such  absence  is  not  caused by the fact that his  regular and daily place of business is located outside of said county.    (b) Absent from the county in which his residence is  located  because  he is on vacation outside said county.    (c)  He  is  the  spouse,  parent or child of, and resides in the same  household with, a person qualified under any of the foregoing paragraphs  of this subdivision and will also be absent from said county  by  reason  of accompanying the person so qualified.    2.  Each person entitled to vote as an absentee voter pursuant to this  section and desirous of obtaining an absentee ballot shall make  written  application  therefor  to  the  village clerk. Application forms for use  pursuant to this section shall be in a  form  prescribed  by  the  state  board  of  elections.  The  use  of  any  application which is on a form  prescribed by the state board of elections shall be acceptable.    3. An application for  an  absentee  ballot  must  be  signed  by  the  applicant.    Such  application  may require that the applicant submit a  certificate in  lieu  of  any  affidavit  which  shall  state  that  the  information contained in the application is true. Such certificate shall  be accepted for all purposes as the equivalent of an affidavit and shall  have  the  following  language  printed  in  bold  face  type  above the  signature line:          "I UNDERSTAND THAT THIS CERTIFICATE WILL BE ACCEPTED FOR          ALL PURPOSES AS THE EQUIVALENT OF AN AFFIDAVIT  AND,  IF          IT CONTAINS A MATERIAL FALSE STATEMENT, SHALL SUBJECT ME          TO THE SAME PENALTIES AS IF I HAD BEEN DULY SWORN."    4.  An  application  must  be received by the village clerk no earlier  than four months before the election for which  an  absentee  ballot  is  sought.  If the application requests that the absentee ballot be mailed,  such application must be received not later than seven days  before  the  election.  If the applicant or his agent delivers the application to the  village clerk in person, such application must  be  received  not  later  than  the  day before the election. The village clerk shall examine each  application and shall determine from the information  contained  therein  whether  the  applicant  is  qualified  under this section to receive an  absentee ballot. The clerk in making such decision shall  not  determine  whether  the  applicant is a qualified elector, said determination being  reserved to the inspectors of election as  is  hereinafter  provided  in  subdivision eight of this section.    5. No later than six days before the election for which an application  has  been  received  and  for which the village clerk has determined the  applicant to be qualified to vote by absentee ballot the  village  clerk  shall  mail,  by  regular  mail,  an  absentee  ballot to each qualified  applicant who has applied before such day and  who  has  requested  that  such  absentee  ballot  be mailed to him at the address set forth in his  application. If the applicant or his agent delivers the  application  to  the  village  clerk  in  person after the seventh day before the villageelection and not later than the day before  the  election,  the  village  clerk shall forthwith deliver such absentee ballots for those applicants  whom  he  determines  are  qualified  to  make  such applications and to  receive  such  ballots  to  such  applicants  or the agents named in the  applications when such  applicants  or  agents  appear  in  the  village  clerk's office.    6.  The  absentee ballot shall be caused to be prepared and printed by  the village clerk as provided  by  law  for  paper  ballots  or  machine  ballots,  whichever  are  to  be  used  in said election and appropriate  modifications for the purposes of this section. He shall also  cause  to  be prepared and printed return envelopes addressed to him, conforming so  far  as  may  be  practicable  to the provisions of this chapter stating  thereon that in order for the ballot contained therein to be counted  it  must  be  received  by the village clerk not later than the close of the  polls on election day. On the reverse side of each return envelope there  shall be written instructions for the  voter  to  insert  at  designated  places his signature, his name printed, his residence address within the  village  and  his  village  election  district if there be more than one  district within the village.    7. The method of marking, preparing and mailing such ballot for voting  shall conform, wherever practicable, to the methods  used  for  absentee  ballots  for a general election, except that the envelope in which it is  contained shall be returned to the village clerk.  On  the  day  of  the  election,  the  village clerk shall deliver all such ballots, which have  been returned to him, in the sealed envelopes to the board of inspectors  of election of the proper election district.   No such ballot  shall  be  deemed  to  have been voted unless or until it shall have been delivered  to the board of inspectors of election of the election district in which  the elector casting the ballot resides and shall have been deposited  by  the  chairman  of  such  board  in  the  box provided for receiving such  ballot.    8. When such ballots  shall  have  been  delivered  to  the  board  of  inspectors  of  election  of the proper election district and shall have  been duly determined by such board to  have  been  lawfully  cast  by  a  qualified  elector  of  such district, the chairman of such board shall,  after the close of the polls, open the envelopes containing such ballots  and, without unfolding such ballots or permitting the face thereof to be  exposed to the view of anyone, shall deposit each such ballot in  a  box  specifically  furnished  for  such  purpose by the village clerk. If the  board of inspectors shall determine that any such ballot has  been  cast  by  an  elector  who would not be qualified under the provisions of this  section, then such ballot shall not be counted.    9. After all the ballots shall have been deposited, the box  shall  be  opened  and  such  ballots canvassed in the same manner as other ballots  cast at such election and shall be counted and included in the total  of  all ballots cast at such election.